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Insurance
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August 16, 2024
Farmers Insurance Hits Former Agents With Trade Secrets Suit
Farmers Insurance on Friday filed a lawsuit in Colorado federal court accusing two of its former agents of walking away from the company with trade secrets to divert customers to their own agency with a third former Farmers agent.
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August 16, 2024
Insurer Seeks Early Win In Faulty Home Construction Dispute
A construction company's insurer echoed its stance that its insured is not owed coverage for an underlying faulty workmanship lawsuit, telling a Georgia federal court that the defects alleged do not equate to property damage outside the contractor's own work, thus falling outside the policy's scope of coverage.
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August 16, 2024
Kentucky Couple Sue Progressive Over Coal Mine Subsidence
A couple told a Kentucky federal court that Progressive denied coverage for coal mine subsidence damage to their home in bad faith, saying the insurer did so despite having access to records showing that the state authorized a $1.8 million project to help fix that very subsidence.
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August 16, 2024
Ex-Genworth Financial Workers Nab Class Cert. In 401(k) Suit
A Virginia federal judge approved a nearly 4,000-member class of Genworth Financial Inc. 401(k) plan participants who claimed they lost millions of dollars in retirement savings because of underperforming BlackRock target-date funds, rejecting the insurance company's assertion that potential class members had conflicting interests.
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August 16, 2024
Liberty Mutual Insurer Says Policy Doesn't Cover STD Suit
A Liberty Mutual unit said it has no duty to defend or indemnify a policyholder accused in an underlying suit of lying about having a sexually transmitted disease and infecting a woman, telling a Washington federal court that the man's policy bars coverage for expected or intended bodily injury.
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August 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barry Manilow sued by music rights company Hipgnosis, a struck-off immigration lawyer take on the Solicitor's Disciplinary Tribunal and the former CEO of a collapsed bridging loan firm start proceedings against the FCA. Here, Law360 looks at these and other new claims in the U.K.
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August 19, 2024
Connecticut Litigation Highlights Of 2024: A Midyear Report
Several high-stakes Connecticut cases came to a close in the first half of 2024, resulting in the resolution of a Frontier Communications' $21.8 million feud with its ex-CEO, and a $26.5 million deal for RTX Corp. subcontractors and employees who alleged anticompetitive no-poach agreements prevented them from advancing their careers.
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August 16, 2024
NC Litigation Highlights Of 2024: A Midyear Report
Several high profile cases in North Carolina came to a close in the first half of the year, from a second bribery conviction against an insurance magnate beset by legal woes, to the anticlimactic withdrawal of a state Supreme Court justice's much-watched free speech suit. Here, Law360 looks at those and other notable rulings so far in North Carolina.
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August 15, 2024
Baker Botts, Sumner Schick $14M Fee Hit As 'Unreasonable'
Baker Botts LLP and Sumner Schick LLP's request for $14.3 million in attorney fees plus $1.8 million in costs following their client Computer Sciences Corp.'s $168.4 million trade secrets verdict against Tata Consultancy Services is "facially unreasonable," the consulting firm told a Texas federal judge Wednesday.
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August 15, 2024
9th Circ. Judges Seem To Split On Wash. Abortion Coverage
A Ninth Circuit judge asked Thursday how a church could be harmed by a Washington law requiring employee health plans to cover abortions, since none of its workers had ever actually sought one, while another judge asked if tossing the case would slam the door on religious objections.
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August 15, 2024
Harvard Late In Suing Broker For Tardy Admission Suit Notice
Harvard University was 13 months late in bringing breach of contract claims against its insurance broker for its belated notification to Zurich American Insurance Co. about an ultimately successful legal challenge that upended affirmative action in higher education, a Boston federal judge said Thursday.
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August 15, 2024
Stop 'Pointing Fingers,' Judge Tells Blue Cross, Mich. Tribe
A Michigan federal judge on Wednesday urged counsel in a Native American tribe's lawsuit alleging Blue Cross Blue Shield of Michigan improperly billed for members' healthcare to heed his repeated advice and focus on the merits of the case, denying both parties' attempts to punish the other.
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August 15, 2024
'Rise Of The Insurance Beast': Cases Take Over Colo. Courts
Colorado's chief U.S. magistrate judge told a room full of attorneys Thursday that insurance cases have started to dominate the court's dockets, comprising almost half the district's civil jury trials last year.
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August 15, 2024
No Coverage For Las Vegas Apartment Fire Suits, Judge Says
An excess insurer needn't cover the owners of a Las Vegas apartment building in underlying suits over a 2019 fire that left six people dead, a Nevada federal court ruled, saying the property was not a designated location under the policy.
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August 15, 2024
Okla. Says 10th Circ. PBM Ruling Defies High Court Precedent
Oklahoma urged the U.S. Supreme Court to review a Tenth Circuit decision nullifying certain parts of a state law regulating pharmacy benefit managers, arguing the appeals court's ruling openly conflicts with sister circuits and previous high court rulings while pushing federal benefits law beyond its limits.
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August 14, 2024
Amazon Hit With $1.2M Suit Over Immersion Heater
Amazon is facing a lawsuit from a Colorado church's insurer alleging that the church suffered more than $1.2 million in damages after a fire caused by a 1500-watt immersion heater it bought off the e-commerce giant's platform that was being used to heat a baptismal font.
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August 14, 2024
Insurer Fights $29M Judgment Over Fatal Crash Coverage
An insurer urged a North Carolina state appeals court Wednesday to undo a nearly $29 million judgment in a lawsuit stemming from a claim for a fatal vehicle crash, citing a policy exclusion that barred coverage for injuries to fellow employees.
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August 14, 2024
Insurer Says No Coverage For Atty's Mistaken Settlement Row
A lawyer accused of trying to cover up his settlement of a workers' compensation claim for the wrong client who shares the same name as his actual client can't get coverage, his professional liability insurer told a Mississippi federal court, saying the "limited documentation" he's provided "actually supports" the underlying claims.
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August 14, 2024
Insurer Off Hook For Jury Award In Construction Dispute
A commercial insurer does not have to indemnify a contractor found liable for multiple structural and other problems in a home he built, a Massachusetts intermediate appellate court concluded Wednesday in a case of first impression involving what is considered "property damage" in a construction dispute.
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August 14, 2024
$24M Hidden Fee Deal With AIG Opposed By Class Member
A member of a class of travel insurance buyers who accused AIG insurers of stacking hidden fees on top of insurance travel premiums urged a California federal court to reject a nearly $24 million proposed settlement, saying it inappropriately combines distinct California and Washington claims.
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August 14, 2024
Baker Botts, Sumner Schick Seek $14.3M In Fees For IP Win
Baker Botts LLP and Sumner Schick LLP are seeking nearly $14.3 million in attorney fees plus almost $1.8 million in costs for representing Computer Sciences Corp. in a trade secrets dispute where the IT company won $168.4 million after a Texas jury found Tata Consultancy Services willfully misappropriated CSC's proprietary information.
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August 14, 2024
SC Justices Agree To Hear Murdaugh's Jury Tampering Claim
South Carolina's Supreme Court has agreed to hear disgraced lawyer Alex Murdaugh's appeal claiming a clerk of court tampered with the jury that convicted him of murder, invoking a rule that bypasses intermediate appeals when "significant public interest or a legal principle of major importance" hangs in the balance.
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August 14, 2024
Mich. Court Stands By Unitary Biz Ruling For Nationwide
A Michigan state appeals court will not reconsider its decision that insurance companies that are part of Nationwide should file their taxes as a unitary group, and denied the state Treasury Department's request for reconsideration.
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August 14, 2024
NC Court Defers Ruling To Unseal Cadwalader Coverage Suit
The North Carolina Business Court on Monday did not outright reject a bid by a Lloyd's of London syndicate looking to unseal a complaint by Cadwalader Wickersham & Taft LLP seeking coverage for a November 2022 data breach, though the judge did admonish the syndicate for failing to consult with Cadwalader's counsel before filing the motion.
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August 14, 2024
Insurer Wants Out From Defense Of Philly Sports Radio Host
State Farm asked a New Jersey federal court Wednesday to find it doesn't have to cover or defend Philadelphia sports talk radio host Anthony Gargano in litigation stemming from a 2022 motor vehicle accident, arguing the car he was driving is not covered by his insurance policy.
Expert Analysis
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jakesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Opinion
DOL's Impending Mental Health Act Regs Should Be Simplified
The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Insurance Lessons From 11th Circ. Ruling On Policy Grammar
The Eleventh Circuit's recent decision in ECB v. Chubb Insurance, holding that missing punctuation didn't change the clear meaning of a professional services policy, offers policyholder takeaways about the uncertainty that can arise when courts interpret insurance policy language based on obscure grammatical canons, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Ore. Insurance Litigation Is Testing The Bounds After Moody
Despite the Oregon Supreme Court’s attempt to limit application of its 2023 decision in Moody v. Oregon Community Credit Union, which for the first time awarded extracontractual damages stemming from alleged negligent claims handling, recent litigation shows Oregon insurance companies face greater exposure, says Sarah Pozzi at Cozen O’Connor.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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What's In NYDFS Guidance On Use Of AI In Insurance
Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Unpacking HHS' Opinion On Cell Therapy Refund Programs
A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.